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36-9-23-0.1. Application of Certain Amendments to Chapter

Sec. 0.1. The amendments made to section 28 of this chapter (and to IC 32-9-1-2.5, before its repeal) by P.L.236-1993 apply to deposits held by a municipal sewage works under section 28 of this chapter, as amended by this act, after June 30, 1993. As added by P.L.220-2011, SEC.683.

36-9-23-1. Application of Chapter

Sec. 1. This chapter applies to all municipalities. [Pre-Local Government Recodification Citation: 19-2-5-2 part.] As added by Acts 1981, P.L.309, SEC.96.

36-9-23-11. Cost Estimate

Sec. 11. The engineer’s estimate of costs under section 10(a)(2) of this chapter must include: (1) the cost of acquiring or constructing the sewage works; (2) the cost of all property, easements, franchises, and other rights considered necessary or convenient for the works; (3) interest on bonds before and during the construction or acquisition, and […]

36-9-23-12. Petition Objecting to Construction or Acquisition of Works; Court Hearing; Notice; Bond; Further Proceedings on Project Prohibited if Petition Sustained

Sec. 12. (a) This section does not apply to undertakings in compliance with orders of the department of environmental management for which no objections are authorized. (b) Forty (40) or more owners of property connected or to be connected to and served by sewage works authorized by a resolution under section 10(a) of this chapter […]

36-9-23-13. Preliminary Expenses; Payment From General Fund; Repayment From Bond Proceeds

Sec. 13. (a) All necessary preliminary expenses actually incurred by the board before the issuance and delivery of revenue bonds, including expenses incurred in: (1) making surveys; (2) estimating costs and revenues; (3) employing engineers or other employees; (4) giving notices; and (5) taking options; may be paid in the manner prescribed by this section. […]

36-9-23-14. Condemnation; Authority; Security for Damages to Owner From Failure to Accept and Pay for Property; Purchase or Condemnation of Existing Works; Option or Contract; Repair Estimate

Sec. 14. (a) A municipality may, in the manner prescribed by IC 32-24, condemn: (1) sewage works; and (2) any land, easements, franchises, and other property it considers necessary for the construction of sewage works or for improvements to sewage works. However, the municipality may pay for any property condemned or purchased only from money […]

36-9-23-15. Acquisition of Property Subject to Lien or Other Encumbrance

Sec. 15. Property upon which any lien or other encumbrance exists may not be acquired under this chapter unless, at the time the property is acquired, a sufficient sum of money is deposited in trust to pay and redeem the lien or encumbrance in full. [Pre-Local Government Recodification Citation: 19-2-5-9.] As added by Acts 1981, […]

36-9-23-16. Sewage Treatment Plant Prerequisite; Contracts and Revenues; Construction of Connecting Sewers; Payment of Cost; Effect on Maturity Date of Bonds

Sec. 16. (a) A municipality that does not have a sewage treatment plant, and wants to acquire, construct, improve, operate, and maintain sewage works other than a sewage treatment plant, may proceed under this chapter only if it first contracts for the required treatment of the sewage emanating from its works. (b) A municipality owning […]

36-9-23-17. Sources of Funds

Sec. 17. (a) This chapter does not authorize a municipality to make any contract or to incur any obligation that is not payable solely from money provided under this chapter. (b) Money for the costs of the sewage works or any improvement of the works may be provided only: (1) by the issuance of revenue […]

36-9-23-19. Bonds; Actions to Contest Validity; Limitations

Sec. 19. Any action to contest the validity of revenue bonds issued under this chapter must be brought at least five (5) days before the advertised date for the sale of the bonds. [Pre-Local Government Recodification Citation: 19-2-5-12 part.] As added by Acts 1981, P.L.309, SEC.96.

36-9-23-2. Municipal Powers

Sec. 2. A municipality may: (1) acquire, construct, improve, operate, and maintain sewage works under this chapter; (2) acquire, by gift, grant, purchase, condemnation, or otherwise, all lands, rights-of-way, and other property that are necessary for the sewage works; (3) issue revenue bonds to pay the cost of acquiring, constructing, and improving the sewage works […]

36-9-23-20. Bonds; Disposition of Proceeds; Lien of Holders or Trustee

Sec. 20. (a) The first proceeds of any revenue bonds issued under this chapter shall be used to repay all amounts advanced for preliminary expenses under section 13 of this chapter. The remaining proceeds of the bond issue shall be applied to the cost of acquiring, constructing, or improving the sewage works. (b) After the […]

36-9-23-21. Bonds; Sinking Fund

Sec. 21. At or before the time of issuance of revenue bonds under this chapter, the municipal legislative body, by ordinance, shall: (1) establish a sinking fund for the payment of: (A) the principal of and interest on the bonds; and (B) the charges of banks or trust companies for making payment of the principal […]

36-9-23-22. Bonds; Security by Trust Indenture Permitted; Terms of Indenture

Sec. 22. (a) The municipal legislative body may secure revenue bonds issued under this chapter by a trust indenture between the municipality and a corporate trustee, which may be any trust company or bank having the powers of a trust company in Indiana, or another state. However, such a trust indenture may not convey or […]

36-9-23-23. Bonds; Enforcement Rights of Holders; Receivership

Sec. 23. (a) The rights granted by this section are subject to any restrictions contained in the ordinance authorizing the issuance of revenue bonds or in any trust indenture securing the bonds. (b) The holder of any revenue bonds or any coupons attached to them, and the trustee, if any, may, either at law or […]

36-9-23-24. Fees; Municipality Subject to Fees of Sewage Works

Sec. 24. The municipality is subject to the fees established under this chapter or to fees established in harmony with this chapter, for services rendered the municipality, and shall pay the fees when due. The fees are considered part of the revenues of the sewage works and are subject to the disposition authorized or required […]